M H SHETE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Respondents waive service. By consent petition is taken up for final hearing.

(2.) THE petitioner was appointed by the Register, Department of Cottage Industries and Industrial Corporation, as a Foreman on 16th November, 1960 at Buldhana. In 1962 the petitioner was transferred to the Leather Industries Centre at Nagpur. Thereafter for some time he served as Manager, Leather Industries Centre at Daryapur. Thereafter for some time the petitioner's services were transferred to Zilha Parishad. In 1964 the petitioner came to be appointed as Manager of Leather Industries Centre at Amravati where he served till 1972. During 1972 to 1976 the petitioner served in different departments of the State Government. Through out this period, the petitioner was treated as temporary employee. His services were not confirmed despite the fact that he rendered continuous service of nearly 15 years. It appears that by Government Resolution dated 8th January 1976 the staff employed in permanent post on the Industries Centers was absorbed in Leather Industries Development Corporation of Maharashtra. Those who did not join the Corporation were given retrenchment compensation as over the rules and their services were terminated. The petitioner opted for transfer to the Leather Industries Development Corporation and with effect from 2nd February 1976 he was transferred to the Corporation. In 1976 during emergency the petitioner's services were terminated without assigning any reasons. It appears that the petitioner made several representations to the authorities against termination of his services but he was not successful.

(3.) THESE orders are applicable only with reference to the first appointment of a person to Government service, i.e. he should be given the status of permanency in terms of these orders only in respect of the post to which he is appointed by direct recruitment. In respect of subsequent appointments by promotion, he will be deemed to be permanent in the cadre to which he is promoted only on his confirmation in that cadre in a substantive vacancy.